Opinion
CRIMINAL ACTION NO. 13-16-DLB-EBA
01-23-2017
UNITED STATES OF AMERICA PLAINTIFF v. STEVEN A. SEPULVEDA DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the January 10, 2017 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins, wherein he recommends that the Court revoke Defendant Steven A. Sepulveda's supervised release and impose a sentence of five (5) months incarceration, with no supervised release to follow. (Doc. # 57). During the Final Revocation Hearing conducted by Judge Atkins on January 6, 2017, the Defendant waived his right to a preliminary hearing and orally stipulated to violating the terms of his supervised release, as set forth in the November 23, 2016 Violation Report. (Doc. # 54).
Defendant having previously executed a waiver of his right to allocution (Doc. # 55), and having now filed a Notice with the Court that he has no objections to the R&R (Doc. # 58), this matter is now ripe for the Court's consideration. The Court having reviewed the R&R, and concluding that it is sound in all respects, including the recommended sentence and the basis for said recommendation, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 57) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) Defendant is found to have VIOLATED the terms of his supervised release;
(3) Defendant's supervised release is hereby REVOKED;
(4) Defendant is sentenced to the CUSTODY of the Attorney General for a period of five (5) months, with no term of supervised release to follow; and
(6) A Judgment shall be entered concurrently herewith.
This 23rd day of January, 2017.
Signed By:
David L . Bunning
United States District Judge